THE GEORGIA LEGISLATURE 

Legally Organized in 1868. 



HILL and MILLER 

X^egrally Elected. 



GOV. BULLOCK'S INCONSISTENCY. 

Opposes Seating Minority Candidates in 1868 : 

FAVORS IT NOW. 



WASHINGTON, D. C. 
GIBSON BROTHERS, PRINTERS. 
1810. 



F 



Z0\\ 

Ass 



\ 



Hon. Lyman Trumbull, 

Chairman Judiciary Committee U. S. Senate : 

Sir — The following documents and facts, copied from the 
Journal of the Georgia House of Eepresentatives, bearing 
upon the Georgia question, are respectfully submitted : 

Headquarters Third Military District, 
(Department of Georgia, Florida and Alabama,) 

Atlanta, Georgia, June 25, 1868. 

General Orders") 
No. 90. j 

From the returns made by the boards of* registration of the election held in the 
State of Georgia for a governor, members of the General Assembly, and other 
officers, under the provisions of general orders No. 40, issued from these head- 
quarters, which election commenced on the 20th day of April, 1868, and continued 
4 days, it appears : 

1. That at the said election Hon. R. B. Bullock received a majority of all the 
votes cast for Governor of the State of Georgia. 

2. That at said election the following named persons were elected senators in 
the General Assembly of said State from the respective senatorial districts in 
which they were chosen, viz : 



1st Dist., 


A. A. Bradley. 


23d Dist., 


W. J. Anderson. 


2d 




T. G. Campbell, Sr. 


24th 


1 1 


B. B. Hinton. 


3d 


ft 


E. D. Graham. 


25th 


it 


E. J. Higbee. 


4th 


tt 


J. M. Coleman. 


26th 


u 


A. D. Nunnally. 


5th 


it 


A. Corbit. 


27th 


n 


John Harris. 


6th 


i t 


Joshua Griffin. 


28th 


tt 


W. F. Jordan. 


7 th 


it 


M. C. Smith. 


29th 


tt 


Josiah Sherman. 


8th 


a 


B. F. Brutton. 


30th 


1 1 


J. H. McWhorter. 


9 th 


tt 


R. T. Nisbet. 


31st 


it 


William F. Bowers. 


10th 


< t 


F. 0. Welch. 


32d 


a 


Jno. C. Richardson 


11th 


a 


C. B. Wooten. 


33d 


it 


A.M. Stringer. 


12th 


it 


C. R. Moore. 


34th 


it 


Milton A. Candler. 


13th 


it 


Wm. B. Jones. 


35th 


a 


W. T. Winn. 


14th 


it 


John J. Collier. 


36th 


a 


W. C. Smith. 


15th 


it 


W. T. McArthur. 


37th 


it 


W. W. Merrell. 


16th 


tt 


H. Hicks. 


38th 


it 


Walker Brock. 


17 th 


it 


McW. Hungerford. 


39th 


a 


A. W. Holcomb. 


18th 


a 


Benj. Conley. 


40th 


it 


C. J. Wellborn. 


19 th 


t: 


Joseph Adkins. 


41st 


tt 


John Dickey. 


20th 


it 


George Wallace. 


42d 


a 


John T. Burns. 


21st 


ti 


William Griffin. 


43d 


it 


Joel C. Fain. 


22d 


it 


T. J. Speer. 


44th 


it 


B. R. McCutchin. 



3. That at said election the following named persons were elected representa- 
tives in the General Assembly of said State from the counties to their names 
respectively attached, viz : 

Appling: Isham Raddish. 

Baker: A. M. George. Baldwin: Peter O'Neal. Banks: William R. Bell. 
Berrien: Thomas Paulk. Bibb: H. M. Turner, J. Fitzpatrick, and J. E.J. 



4 



Franks. Brooks: W. A. Lane. Bryant: W. L. Houston. Bulloch: W. M.Hall. 
i?wr£e : M. Claiborn, John Warren, and John A. Madden. Butts : T. M. Harkness. 

Chatham: C. K. Osgood, James Porter, and James M. Sims. Camden: Virgil 
Hillyer. Campbell: W. S. Zellars. Carroll: John Long. Cass, or Bartow: 
F. M. Ford and M. J. Crawford. Catoosa: A. S. Fowler. Chattahoochee: W. A. 
McDougald. Charlton : F. M. Smith. Chattooga: CO. Cleghorn. Calhoun: 
Franklin L. Pepper. Cherokee: N. J. Perkins. Clarke: Madison Davis and A. 
Richardson. Clay : R. A. Tumipseed. Clayton: A. E. Cloud. Clinch: G. 
Lastinger. Columbia: J. M. Rice and Romulus Moore. Coffee: J. R.Smith. 
Coweta: F. M. Scroggins and P. Sewell. Cobb : W. D. Anderson and N. N. 
Gober. Colquitt: W. W. Watkins. Crawford: W. G. Vinson. 

Dade: Jas. C. Nisbet. Dawson: Joseph L. Perkins. Decatur: B. F. Powell 
and John Higdon. DeKalb : W. H. Clarke. Dooly : Hiram Williams. Dough- 
erty : Philip Joiner and A. R. Reed. 

Early : H. C. Fryer. Echols: R. W. Phillips. Effingham: Morgan Rawls. 
Elbert: U. 0. Tate. Emanuel: J. A. Brinson. 

Fannin: Alexander Hearn. Fayette: P. H. Brassell. Floyd: Dunlap Scott 
and M. Ballanger. Forsyth: H. C. Kellogg. Franklin: James A. Harrison. 
Fulton: E. M. Taliaferro, J. E. Gullatt and V. P. Sisson. 

Gilmer: Jas. M. Ellis. Glasscock: J. H. Nunn. Glynn: R.B.Hall. Gordon: 
R. A. Donaldson. Greene: R. L. McWhorter and A. Colby. Gwinnett: Louis 
Nash and R. M. Parkes. 

Habersham— W . S. Erwin. Hall — David Whelchel. Hancock — W. H. Harri- 
son and E. Barnes. Haralson — W. N. Williams. Hart — James Allen. Harris — 
W. J. Hudson and Samuel Williams. Heard — M. Schackleford. Henry — J. A. 
Maxwell. Houston — J. W. Mathews, C. C. Duncan, and M. R. Felder. 

Jackson — A. T. Bennett. Jasper — T. M. Allen. Jefferson — Benjamin Ayre 
and Alexander Stone. Johnson — J. W. Meadows. Jones — W. T. McCullough. 

Laurens — George Linder. Lee — Samuel Lindsay and G. Page. Liberty — W. 
A. Golden. Lincoln — Piatt Madison. Lowndes — John W. O'Neal. Lumpkin — 
W. P. Price. 

Macon — Robert Lumpkin and F. H. Fyali. Madison — J. B. Moon. Marion — 
William M. Butt. Mcintosh — T. G. Campbell, Jr. Meriwether — P. W. Chambers 
and W. H. F. Hall. Monroe— W. A. Ballard and G. H. Clowers. Miller— F. M. 
D. Hopkins. Milton — G. M. Hook. Mitchell — J. M. Burtz. Montgomery — John 
J. McArthur. Morgan — A. J. Williams and Monday Floyd. Murray — J. N. 
Harris. Muscogee — James G. Maull and Abraham Smith. 

Newton: A. H. Lee and John F. Harden. 

Oglethorpe : James W. Adkins and James Cunningham. 

Paulding: S. F. Strickland. Pickens : S. A. Darnell. Pierce: R. W. Carpen- 
ter. Pike: R. A. Seale. Polk: L. H. Walthall. Pulaski: J. M. Buchan and S. 

F. Saulter. Putnam: S. C. Prudden. 
Quitman: L. C. A. Warren. 

Rabun: McKinzey Fincannon. Randolph: W. M. Tumlin and David GofF. 
Richmond: E. Tweedy, J. E. Bryant and T. P. Baird, 

Schley: Thomas F. Rainey. Scriven: W. D. Hamilton. Spalding : J. T. Ellis. 
Stewart: C. C. Humberand J. K. Bar num. Sumter: G. N. Harper and John A. 
Cobb. 

Talbot: Marion Bethune and J. T. Costin. Taliaferro: W. F. Holden. Tat- 
nall : Robert C. Surrency. Taylor: Frank Wilchar. Terrell: F. M. Harper. 
Thomas : J. R. Evans and W. C. Carson. Towns : George W. Johnson. Troup : 
J. H. Caldwell and J. T. McCormick. Twiggs: Haywood Hughes. 

Union: John H. Penland. Upson: John C. Drake. 

Walker : W. B. Gray. Walton: John B. Sorrels. Warren: John Neal and S. 
Gardner. Ware : Joseph D. Smith. Washington: R. W. Flournoy and William 

G. Brown. Wayne : G. W. Rumph. Webster: G. S. Rosser. White: C. H. 
Kytle. Whitfield: J.E.Shumate. Wilcox: Darling Johnson. Wilkes: Richard 
Bradford and E. Belcher. Wilkinson : C. H. Hooks. Worth : James M. Rouse. 

By order of Major General Meade : 

R. C. DRUM, 

Official : Assistant Adjutant General. 

Geo. Meade, A. D. C. 



5 



The Secretary then proceeded to call the roll, when the following members elect 
of the house of representatives answered to their names, to wit : 



A. M. George, 
Peter O'Neal, 
William R. Bell, 
H. M. Turner, 
J. Fitzpatrick, 
J. E. J. Franks, 
W. A. Lane, 
U. L. Houston, 
N. J. Perkins. 
M. Davis, 
A. Richardson, 
R. A. Turnipseed, 
A. E. Cloud, 

G. Lastinger, 
J. M. Rice, 
Romulus Moore, 
J. R. Smith, 

F. M. Scroggins. 
P. Sewell, 
W. D. Anderson, 
N. N. Gober, 
W. G. Vinson, 
Jas. 0. Nisbet, 
J. L. Perkins, 
John Higdon, 
W. H. Clarke, 

H. Williams, 
Phillip Joiner, 
A. R. Read, 
H. C. Fryer, 
R. W. Phillips, 
Morgan Rawls, 
U. O.Tate, 

P. H. Brassell, 
Dunlap Scott, 
M. Ballanger, 
H. C. Kellogg, 
J. A. Harrison, 
E. M. Taliaferro, 
J. E. Gullatt, 
V.P.Sisson, 
J. M. Nunn, 
R. B. Hall, 
R. A. Donaldson, 
R. L. McWhorter, 
A. Colby, 
Louis Nash, 
R. M. Parks, 
W. S. Erwin, 
David Welcheli, 
W. H. Harrison, 



W. H. Hal!, 
M. Claiborn, 
John Warren, 
John A, Madden, 
T. M. Harkness, 
C. K. Osgood, 
Jas. Porter, 
J. M. Sims, 

E. Barnes, 
James Allen, 
W. I. Hudson, 
S. Williams, 

M. Shackleford. 
J. A. Maxwell, 
J. W. Mathews, 
C. C. Duncan, 
H. R. Felder, 
A. T. Bennett, 
T. M. Allen, 
Benjamin Ayre, 
Alexander Stone, 
J. W. Meadows, 
W. T. McCullough, 
George Linder, 
Samuel Lindsav. 
G. F. Page, 
W. A. Golden, 
Piatt Madison, 
John W. O'Neal, 
W. P. Price, 
R. Lumpkin, 

F. H. Fyall, 
J. B. Moon, 
Wm. M. Butt, 

T. G. Campbell, Jr.. 
P. W. Chambers. 
W. H. F. Hall, 
W. A. Ballard, 

G. H. Clowers, 

F. M. D.Hopkins. 

G. M. Hook, 
J. M. Burtz, 
Monday Floyd, 
J. N. Harris, 
James G. Maull, 
Abraham Smith, 
A. H. Lee, 

J. F. Harden, 
James W. Adkins, 
J. Cunningham, 
S. S. Strickland, 



By order of Major General Meade 



Official 



W. S. Zellars, 

John Long, 

F.M.Ford, 

M. J. Crawford, 

A. S. Fowler, 

W. A. McDougald, 

C. C. Cleghorn, 

F. L. Pepper. 

R. W. Carpenter, 
R. A. Seale, 
L. H. Walthall, 
J. M. Buchan, 
S. F. Saulter, 
S. C. Prudden, 
L. C. A. Warren, 
W. M. Tumlin, 
David Goff, 

E. Tweedy, 
J. E. Bryant, 
T. P. Baird, 
Thomas F. Rainey, 
W. D. Hamilton/ ' 
J. T. Ellis, 

C. C. H umber, 
J. K. Barnum, 

G. R. Harper. 
John A. Cobb, 
M. Bethune, 
W. F. Holden, 
Frank Wilchar, 

F. M. Harper, 
W. C. Carson, 
J. H. Caldwell, 
J. T. McCormick, 
Haywood Hughes, 
J. H. Penland, 

J. C. Drake, 
W. B. Gray, 
J. B. Sorrels, 
John Neal, 
S. Gardner, 
J. D. Smith, 
R. W. Flournoy, 
W. G. Brown, 

G. S. Rosser, 
0. H. Kytle, 

J. E. Shumate, 

D. Johnson, 

E. Belcher, 
C. H. Hooks, 
Jas. M. Rouse. 



R. C. DRUM, 

Assistant Adjutant General. 



Geo. Meade, A. D. C, 



6 



Headquarters Third Military District, 

(Georgia, Florida, and Alabama,] 
Atlanta, Ga., July 8, 1868. 

To His Excellency, R. B. Bullock, 

Provisional Governor of Georgia : 

Governor — I have to acknowledge the receipt of your letter of this date, ad- 
vising me that you have been officially informed that the two houses of the legis- 
lature had perfected their organization, and were awaiting any communication 
you might have to make, and that accordingly you referred to me for instructions. 

In reply, I beg leave to state that I have no instructions to give you further 
than to make known that, in my judgment, neither house is organized legally 
until they have complied with the requisitions of the reconstruction acts, and the 
act which became a law June 25, 1868, all of which prohibit any one holding an 
office under the State who is excluded by section 3 of the amendment to the Con- 
stitution known as article 14. 

That this view is not a novel one with me, and does not arise from any consid- 
eration but my desire to execute the laws, will be clearly seen by reference to the 
accompanying order, No. 52, of April 6, 1868, in which I announce to the people 
of Georgia and candidates for election my views of the eligibility of candidates 
under the laws of Congress. 

It is not my purpose to dictate to the two houses how or when they will apply 
this test to the several members. Ordinarily each house is undoubtedly the judge 
of the qualifications of its members, but in view of the fact that the legislature, 
until the State is admitted by compliance with the requisitions of the reconstruc- 
tion acts of Congress, is only provisional, and subject to the authority of the 
military commander, and in view of the further fact that it is my duty, so long 
as military government exists, to see that the laws be faithfully executed, I feel 
constrained to say that I cannot recognize any act of the legislature as valid, nor 
allow the same to be executed, until satisfactory evidence is produced that all 
persons excluded by the 14th article are deprived of their seats or offices in both 
houses. 

You have been furnished from these headquarters, for transmission to the re- 
spective houses, the documents in the cases of several members whose seats are 
contested on this ground, and there is doubtless other information upon the same 
subject. 

My only object now is that you may communicate these views to both houses, 
leaving to each to take such action as it may deem suitable and proper. 
Very respectfullv, vour obedient servant, 

GEO. G. MEADE, 
Major General, Commanding. 



Office of Provisional Governor, 

Atlanta, Georgia, July 21, 1868. 
Hon. R. B. Bullock, Provisional Governor of Georgia: 

The following communication from the Commanding General of this District 
is respectfully transmitted for the information of the General Assembly : 
Headquarters Third Military District, 

Department of Georgia, Florida, and Alabama, 

Atlanta, Georgia, July 20, 1868. 
Hon. R. B. Bullock, Provisional Governor of Georgia : 

I have the honor to acknowledge the receipt of your letter of the 18th instant, 
advising me that a committee of the house of representatives had waited on you, 
and verbally informed you that the house having made a careful investigation 
into the eligibility of its members, have decided by a vote of the house that all 
persons now in their seats are eligible. 

I have already acknowledged the receipt of your letter of the ITth, reporting 
the action of the senate on the same subject. 

I have now to advise and instruct you that each house, having complied with 
the requisitions of my communication of the 8th inst., by examining into and 
deciding on the eligibility of their members, under the acts of Congress, and 14th 



7 



article, constitutional amendments, I have no further opposition to make to their 
proceeding to the business for which they were called together, as I consider 
them legally organized from the 18th instant, the date of the action of the House. 
Very resDectfully, your obedient servant. 

GEO. G. MEADE, 

Major General U. S. A. 

By the provision of the act of Congress entitled " An act to admit the States of 
North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida, to 
representation in Congress," passed June 25, 1868, you are required to duly 
ratify the amendment to the Constitution proposed by the 39th Congress, and 
known as article 14, and by solemn public act declare the assent of the State to 
that portion of the act of Congress which makes null and void the first and third 
subdivisions of section 17 of the fifth article of the State constitution, except the 
proviso to the first subdivision, before the State shall be entitled and admitted to 
representation in Congress as a State of the Union. 

Copies of the said act of Congress, and of the said proposed amendment to the 
Constitution, are herewith transmitted. 

RUFUS B. BULLOCK, 

Provisional Governor. 



July 21, 1868— 4 o'clock, P. M. 

The House met pursuant to adjournment. 

Mr. Bethune, as chairman of the committee appointed to wait upon his Excel- 
lency, the Governor, submitted the following report : 

Mr. Speaker : As chairman of the committee appointed by this house, to join 
such committee as the senate might create, to wait upon his Excellency, R. B. 
Bullock, Provisional Governor of this State, and inform him of the adoption of 
the amendment to the Constitution of the United States, proposed by the 39th 
Congress, and known as Article 14, and that the General Assembly of this State 
had declared its assent to the fundamental conditions annexed thereto by an act 
of Congress, and to inform him that both houses of the General Assembly are 
ready to inaugurate the Governor elect of this State, at such time as he may 
designate. 

I have the honor to report that your committee, having joined a similar com- 
mittee appointed by the Senate, have performed the duty assigned them, by com- 
municating the action of the General Assembly, as stated in the resolution under 
which they were appointed, to his Excellency, R. B. Bullock, Provisional Gov- 
ernor, who expressed great satisfaction, and stated that he would immediately 
inform the Commanding General of this, the third, military District, of the infor- 
mation thus received by him, and that if it met the approbation of both houses 
of the General Assembly it was the pleasure of the Governor elect to meet them 
in this hall on Wednesday, the 22d inst., at 12 o'clock M., then and there to be 
inaugurated as the Governor of Georgia. 

All of which is respectfully submitted. 

MARION BETHUNE, Chairman. 
July 22, 1868— 11 J o'clock, A. M. 

The house reassembled. 

Mr. Hudson, of Harris, offered the following resolution, which, on motion, was 
taken up, read and adopted, to wit : 

Resolved, That the clerk be directed to inform the senate that the house is 
now ready to proceed with the inauguration of the Governor elect. 

The senate, together with the Governor elect, General Meade and staff, and 
other distinguished gentlemen, attended in the representative hall, and the hour 
of 12 o'clock M. having arrived, the Hon. R. B. Bullock, Governor elect, pro- 
ceeded to address the General Assembly. 

At the close of which, the oath of office was administered to him by the Hon. 
John Erskine, judge of the United States district court; and he was declared 
the Governor of the State of Georgia for the ensuing four years. 

On motion, the senate repaired to their chamber, and the house adjourned 
until 10 o'clock A. M., Friday next. 



8 



Wednesday, July 29, 1868—12 M. 
The senate then attended in the hall of the house of representatives, when the 
General Assembly proceeded to consolidate the vote of the two houses cast on 
yesterday for a United States Senator, for the term ending in the year 1873, and 
on consolidating the same, it appeared that the — 

Hon. Joseph E. Brown had received 102 votes. 
Hon. A. H. Stephens " 96 " 

Hon. Joshua Hill " 13 " 

C.H.Hopkins " 1 " 

No person having received a majority of the whole number of votes polled by 
the two houses as consolidated, for United States Senator for the term ending in 
the year 1873, the General Assembly proceeded with a joint vote for United States 
Senator for said term, the members voting viva voce, when, on receiving and add- 
ing up the vote, it appeared that the — 

Hon. Joshua Hill had received 110 votes. 



Hon. Joseph E. Brown 
Hon. A. H. Stephens 
Hon. C. W. Styles 

Those voting for Mr. Hill are Messrs. — 

SENATORS. 

Hicks, 
Hinton, 
Holcombe, 
Jordan, 
McArthur, 
McCutchen, 
Moore, 



94 
1 
1 



Anderson, 
Bowers, 
Burns, 
Candler, 
Dickey, 
Fain, 

Griffin, (6th Dist.) 

Those voting for Mr. Brown are Messrs. — 
Adkins, Corbitt, 
Brock, Griffin, (31st Dist.) 

Bruton, Harris, 
Bradley, Higbee, 
Campbell, Hungerford. 
Colman, Jones, 
Conley, Merrill, 
Voting for Mr. Styles — Graham. 

Those voting for Mr. Hill are Messrs. — 

REPRESENTATIVES. 



Nisbet, 

Nunnally, 

Sherman, 

Smith, (7th Dis.) 

Stringer, 

Welbourne, 

Wooten. 



McWhorter, 

Richardson, 

Smith, (36th Dis.) 

Speer, 

Wallace, 

Welch. 



Anderson, 


Flournoy, 


Kellogg, 


Ballard, 


Fowler, 


Kytle, 


Ballanger, 


Fryer, 
George, 


Lane, 


Barnum, 


Lastinger, 


Bradford, 


Gober, 


Long, 


Brown, 


Goff, 


McArthur, 


Burtz, 


Gray, 


McCullough, 


Butt, 


Gullatt, 


McDougald, 


Clarke, 


Hall, of Bulloch, 


Matthews, 


Cleghorn, 


Hall, of Glynn, 


Meadows, 


Cloud, 


Harkness, 


Nash, 


Cobb, 


Harrison, of Franklin, 


Neal, 


Crawford, 


Harris, 


Nisbet, 


Drake, 


Harper, of Sumter, 


Nunn, 


Donaldson, 


Harper, of Terrell, 


Osgood, 


Duncan, 

Ellis, of Gilmer, 


Higdon, 


Parke, 


Holden, 


Paulk. 


Ellis, of Spaulding, 


Hook, 


Penland, 


Erwin, 


Hudson, 


Pepper, 


Felder, 


Humber, 


Perkins, of Cherokee 


Fincanon, 


Johnson, of Wilcox, 


Phillips, 



9 



Powell, 


Seales, 
Shackleiord, 


Turnipseed, 


Price, 


Vinson, 


Prudden, 


Shumate, 


w aitnai, 


Pain p y 




Warren, of Quitman, 


Rawls, 


Smith, of Ware, 


Watkins, 


Rosser, 


Sorrells, 


Wilcher, 


Rouse, 


Taliaferro, 


Williams, of Dooly, 


Rumph, 


Tate. 


Williams, of Morgan. 


Scott, 


Tumlin, 




Those voting for Mr. Brown, are Messrs. — 




A llpn nf Hart 

-ti lit, 11 ^ U 1 llul 1^ 


Ford, 


Niel, or Baldwin, 


Allen, of J&sper^ 

A t lr i n q 


Franks, 


Page, 


Fvall 


Perkins, of Dawson, 




Gardner, 


Porter, 




Golden, 


Read, 




Hall, of Meriwether, 
Harrison, of Hancock, 


Rice, 




Richardson, 


Bell, 


Harden, 


Salter, 
Scroggins, 


Bethune, 


Hillyer, 


Brassell, 


Hooks, 


oeweii, 


Bryant, 


Hopkins, 


Sims, 


Buchan, 


Houston, 
Hughes, 


Smith, of Charlton, 
Smith, of Muscogee, 


Caldwell, 


Campbell, 


Joiner, 


Stone, 


Carpenter, 
Carson, 


Johnson, of Towns, 


Strickland, 


Lee, 


Surrency, 


Chambers, 


Linder, 
Lumpkin, 


Turner, 
Tweedy, 


Claiborne, 


Clower, 


McCormick, 


Warren, of Burke, 


Costin, 


Madden, 




Cunningham, 


Madison, 


Williams, of Harris, 


Darnell, 


Maxwell, 


Williams, of Haralson 


Davis, 


Maull, 


Zellars, 

Mr. Speaker. 


Fitzpatrick, 


Moore, 


Floyd, 


O'Neal, of Lowndes, 




Voting for Mr. 


Stephens : Mr. Hamilton. 




Total vote, 206 


; necessary to a choice, 104. 





The Hon. Joshua Hill having received a majority of the whole number of votes 
cast, he was declared duly elected United States Senator for the term ending in 
the year 1873. 

The General Assembly then proceeded to consolidate the vote of the two houses 
cast on yesterday for a United States Senator, for the term ending in the year 
1871, and on consolidating the same, it appeared that the — 

Hon. Foster Blodgett had received 73 votes. 



Hon. H. V. M. Miller " 93 " 

Hon. J. L. Seward " 17 " 

Hon. A. T. Akerman " 22 " 

Hon. H. G. Cole, " 2 " 

Hon. H. V. Johnson " 1 " 

Hon. Joshua Hill " 1 " 



No person having received a majority of the whole number of votes polled, as 
consolidated, for United States Senator for the term ending in the year 1871, the 
General Assemby proceeded with a joint vote for a United States Senator for said 
term, the members voting viva voce, when on receiving and adding up the vote, 
it appeared that the 

Hon. Foster Blodgett had received 13 votes. 

Hon. H. V. M. Miller, " 117 11 

Hon. J. L. Seward, '« 12 " 

Hon. A. T. Akerman, " 7 " 



10 



Those voting for Mr. Miller, are Messrs. 



Anderson, 

Burns, 

Candler. 

Fain, 

Graham, 

Griffin, (21st dist.) 
Hicks, 

Those voting- for Mr. 

Adkins, 

Bradley, 

Campbell, 

Coleman, 

Conley, 

Those voting for Mr. 

Bruton, 

Griffin, (6th District.) 

Those voting for Mr. 
Bowers, 

Those who voted for 



Anderson, 

Allen, of Hart, 

Atkins, 

Ballard, 

Ballanger, 

Barnum, 

Bradford, 

Brassell, 

Brown, 

Burtz, 

Butt, 

Clarke, 

Cleghorn, 

Cloud, 

Cobb, 

Crawford, 

Costin, 

Drake, 

Donaldson, 

Duncan, 

Ellis, of Spaulding, 

Erwin, 

Felder, 

Fincanon, 

Flournoy, 

Ford, 

Fowler, 

Fryer, 

George, 

Gober, 

Goff, 

Gray, 

Gullatt, 



SENATORS. 

Hinton, 

Holcombe, 

Jordan, 

McCutchen, 

Moore, 

Nisbet, 

Nunnally, 

Blodgett, are Messrs.— 

Corbitt, 

Dickey, 

Harris, 

Hungerford, 

Jones, 

Seward, are Messrs. — 

McArthur. 

Akerman, are Messrs.— 

Higbee, 
Mr. Miller, are Messrs. — 

REPRESENTATIVES . 

Hall, of Bulloch, 
Hall, of Glynn, 
Hamilton, 
Harkness, 

Harrison, of Franklin, 
Harris, 

Harper, of Sumter, 

Harper, of Terrell, 

Higdon, 

Hook, 

Hopkins, 

Hudson, 

Humber, 

Johnaon, of Wilcox, 

Kellogg, 

Kytle, 

Lindsay, 

Long, 

McArthur, 

McCullough, 

McDougald, 

Matthews, 

Maxwell, 

Meadows, 

Nash, 

Nisbet, 

Nunn, 

Parke, 

Paulk, 

Penland, 

Pepper, 

Perkins, of Cherokee, 



Smith, (36th Dist.) 

Speer, 

Stringer, 

Wellborn, 

Winn, 

Woo ten. 



Merrill, 

McWhorter, 

Richardson, 

Wallace, 

Welch. 



Smith, (7th District. ) 



Sherman. 



Phillips, 

Price, 

Prudden, 

Rainey, 

Rawls, 

Reddish, 

Rosser, 

Rouse, 

Rumph, 

Salter, 

Scott, 

Seales, 

Sewell, 

Shackleford, 

Shumate, 

Sisson, 

Smith, of Coffee, 

Smith, of Ware, 

Sorrells, 

Surrency, 

Taliaferro, 

Tate, 

Tumlin, 

Turnipseed, 

Vinson, 

Walthal, 

Warren, of Quitman, 

Welchel, 

Wilcher, 

Williams, of Dooly, ' 
Williams, of Morgan, 
Zellers. 



11 



Those who voted for Mr. Blodgett, are Messrs. 



Allen, of Jasper, 

Ayer, 

Barnes, 

Beard, 

Belcher, 

Bell, 

Bethune, 

Campbell, 

Chambers, 

Claiborne. 

Glower, 

Colby, 

Cunningham. 

Darnell, 

Davis, 

Fitzpatrick, 

Floyd, 

Franks, 

Fyall, 

Gardner, 

Those who voted for 
Carson, 

Ellis, of Gilmer, 
•Johnson, of Towns, 



Golden, 

Hall, of Meriwether, 
Haren, 

Harrison, of Hancock, 

Harden, 

Hillyer, 

Holden, 

Hooks, 

Houston, 

Hughes, 

Joiner, 

Lee, 

Linder, 

Lumpkin, 

McCormick, 

Madden, 

Madison, 

Maull, 

Moore, 

Mr. Seward, are Messrs. — 
Lane, 
Lastinger, 
Page, 



Neal, 

O'Neal, of Lowndes, 
O'Niel, of Baldwin, 
Osgood, 

Perkins, of Dawson, 

Porter, 

Read, 

Rice, 

Richardson, 

Scroggins, 

Sims, 

Smith, of Charlton, 

Smith, of Muscogee, 

Stone, 

Strickland, 

Turner, 

Tweedy, 

Warren, of Burke, 
Williams, of Harris. 



Watkins, 

Williams, of Haralson, 



Those who voted for Mr. Akerman are Messrs. - 



Bryant, 
Buchan. 



Caldwell. 



Carpenter. 



The honorable H. V. M. Miller, having received a majority of the whole num- 
ber of votes polled, he was declared duly elected United States Senator for the 
term ending in the year 1871. 

On motion, the senate repaired to their chamber, and the house adjourned until 
10 o'clock to-morrow morning. 

The following is an extract from the journal of the house 
of representatives of July 24, 1868, page 60 : 

The following message was this day received from his Excellency, the Governor, 
through his secretary, Mr. Davis : 

Mr. Speaker : I am directed by his Excellency, the Governor, to deliver to the 
house of representatives his annual message, with accompanying documents. 

On motion of Mr. Holden, of Taliaferro, the message from his Excellency, the 
Governor, was taken up and read, and is as follows : 

Senators and Representatives : Congratulating you as the representatives of 
the people upon the establishment of civil government, and the fact that Georgia 
is once more an integral portion of our national unity, &c. 



Extract from the proceedings of the house of representa- 
tives, September 9th, 1868, pages 294, 296, 297, 301, 302 : 

The following message was received from his Excellency, the Governor, by Mr. 
de Graffenried, his secretary, to wit : 

Mr. Speaker : I am directed by the Governor to deliver to the house of repre- 
sentatives a communication in writing. 



12 



On motion, the communication, was taken up and read, and is as follows : 

Executive Department, 
Atlanta, Georgia, September 8, 18G8. 
To the House of Representatives : Your committee, to whom was referred the 
subject of the '' election and eligibility of persons claiming seats" in your body, 
in the places of the twenty-five members by you declared ineligible upon account of 
color, called upon me and presented me with a report of the action of your body 
on the subject of such alleged ineligibility, setting forth that certain " free per- 
sons of color therein named,'' from the counties mentioned, " are, under the con- 
stitution of the State of Georgia, ineligible to seats on the floor of your house, and 
further appointing a committee, to whom shall be referred the election and eligi- 
bility of persons claiming seats from the aforesaid counties." This report is as 
follows : 

Whereas, Abram Smith, of the county of Muscogee, has been declared inelig- 
ible to a seat on the floor ; And whereas, Thomas W. Grimes, Jr., of said county, 
received the next highest number of votes cast in said county at the last election 
for representatives in the General Assembly of the State ; 

Be it resolved. That the said Thomas W. Grimes, Jr., be declared a member of 
this body, and that the proper officer proceed immediately to swear him in. 

McDOUGALD, of Chattahoochee. 

While thus complying with the request of your committee, I deem it my duty 
to say that, when inaugurated as Governor of this State, in presence of the Gen- 
eral Assembly, I took a solemn oath that, to the best of my ability, I would pre- 
serve, protect, and defend the constitution. And though I am only able, on this 
occasion, to defend the constitution by expressing a respectful objection to the ac- 
tion already taken, as well as that about to be taken by the house of representa- 
tives, in connection with the report above given, a due regard for my official oath 
will net permit me to remain a silent spectator of the attempt thus made to de- 
prive the electors of many counties in the State of their constitutional right to the 
voice and vote in your deliberations of their chosen representatives, and the plac- 
ing in their stead of persons who did not and cannot receive a majority of those 
counties. 

It must be apparent to the mind of every person not blinded by prejudice, after 
fairly viewing our situation in the late past, and our present civil government, 
that such action is a violation of the constitution, which you and I have sworn 
to support. 

If such authority is not found in this constitution, it can only be derived from 
the unlawful exercise of power. 

The only limitation upon the eligibility of an elector to office, or to membership 
of the General Assembly, i3 found in the following provisions of the constitution 
of this State, and of the United States, namely : 

Each house is the judge only as to whether its members are qualified according to 
the provisions of the constitution, and of the laws made in pursuance thereof ; but 
the house certainly shall not judge members to be ineligible or disqualified be- 
cause their political sentiments or the color of their skin is not acceptable to the 
majority ; nor shall they, in case there be a doubt as to the legitimacy of such 
an act, place the weight of that doubt against the persons on trial. 

Having first silenced, en masse, the votes of twenty-five of your members, and 
then by resolution, in defiance of the constitution, declared them ineligible, you 
now propose to fill their places by citizens who failed to receive a majority of the 
votes in their respective counties. 

Is that a republican form of government, where a minority of electors rule? 
* * # *- * * * * » 



RUFUS B. BULLOCH, Governor. 



13 



Headquarters Military District of Georgia, 

Atlanta, Georgia, January 12, 1870. 

General Orders No. 1. 

A sub-district, to consist of the counties of Warren, Taliaferro, Wilkes, Lincoln, 
Columbia and Glascock, in Georgia, is hereby constituted, and Brevet Major Ja- 
cob Kline, Captain 18th U. S. Infantry, is assigned to its command, with head- 
quarters at Barnett Station, Warren county. 

Brevet Major Kline will be held responsible for the preservation of order within 
the limits of the sub-district, and will promptly arrest all persons who may com- 
mit or have committed acts of violence or lawlessness, or in any manner disturbed 
the public peace, holding them subject to instructions from these headquarters, 
and reporting in each case his action by mail or telegraph, as occasion may re- 
quire ; he will report also the name of any civil officer who may neglect or refuse 
to discharge his duty in maintaining the public peace, and will recommend a suit- 
able person to fill his place. 

Bv order of Brevet Major General Terrv : 

J. H. TAYLOR, 

Official : Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 

Headquarters Military District op Georgia, 

Atlanta, Georgia, January 12, 1870. 

General Orders No. 2. 

I. John Raley, now holding and exercising the functions of the office of sheriff 
of Warren county under appointment from the court of ordinary of that county, 
is hereby removed from said office. 

II. John C. Norris, of Warren county, who was elected as sheriff at the last 
legal election for that office, is hereb}- appointed sheriff vice Raley, removed, and 
will immediately enter upon the exercise of his office. 

By order of Brevet Major General Terrv : 

J. H. TAYLOR, 

Official : _ Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 

Headquarters Military District of Georgia, 

Atlanta, Georgia, January 13, 1870. 

General Orders No. '6. 

In pursuance of instructions received from the headquarters of the army, a 
board is hereby appointed to inquire into the eligibility of W. T. Winn, of Cobb 
countj r , John J. Collier, of Dooly county, A. W. Holcomb, of Milton county, 
W. J. Anderson, of Houston county, B. B. Hinton, of Marion county, and C. J . 
Weiborn, of Union county, to seats in the legislature of Georgia, under the 
Reconstruction Acts. 

The board will meet and organize at once, and will have power to administer 
oaths and send for persons and papers. They will permit the persons whose eli- 
gibility is in question to appear before them either in person or by attorney, and 
will also permit the appearance before them of persons who deny the eligibility of 
said W. T. Winn, J. J. Collier, A. W. Holcomb, W. J. Anderson, B. B. Hinton, 
and C. J. Weiborn. 

The board will keep a complete and accurate record of the proceedings and of 
all testimony which may be given before them, and will transmit the same to 
these headquarters with its report. 

detail for the board. 
Brevet Major General T. H. Ruger, U. S. Army. 
Brevet Brigadier General T. J. Haynes, U. S. Army. 
Major Henry Goodfellow, Judge Advocate U. S. Army. 
By order of Brevet Major General Terry : 
Official : J. H. TAYLOR, Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 



14 



Headquarters Military District of Georgia, 

Atlanta, Georgia, January 15, 1870, 

General Orders No. 4. 

The board of officers convened by General Orders No. 3, current series from 
these headquarters, is hereby directed, in addition to the duty assigned to thern by 
that order, to inquire into the eligibility under the reconstruction acts of the fol- 
lowing named members elect of the house of representatives, viz : 

Isham Raddish, of Appling county. 

R. W. Phillips, of Echols county. 

E. M. Taliaferro, of Fulton county. 

J. H. Nunn, of Glascock county. 

R. A. Donaldson, of Gordon county. 

W. P. Price, of Lumpkin county. 

J. N. Harris, of Murray countv. 

L. H. Walthall, of Polk county. 

L. C. A. Warren, of Quitman county. 

Thos. F. Rainey, of Schley county. 

C. C. Humber, of Stewart county. 

G. N.Harper, of Sumpter. 

Frank Wilchar, of Taylor county. 

John B. Sorrells, of Walton county. 

J. D. Smith, of Ware county. 
Bv order of Brevet Major General Terrv : 

J. H. TAYLOR, 

Assistant Adjutant General. 

Headquarters Military District op Georgia, 

Atlanta, Ga., January 15, 3 8TO. 

General Orders No. 5. 

The sub-district created by General Orders No. 1, current series from these 
headquarters, is hereby extended to include the county of Hancock, Georgia. 

The commanding officer at Sparta will report by letter to the commanding 
officer of the sub-district accordingly. 

Bv order of Brevet Major General Terry : 

J. H. TAYLOR, 

Assistant Adjutant General. 

Headquarters Military District of Georgia, 

Atlanta, Ga., January 17, 1870. 

General Orders No. 6. 

Brevet Lieutenant Colonel E. W. Smith, Captain U. S. Army, is hereby an- 
nounced as secretary of civil affairs for the Military District of Georgia. 
Bv order of Brevet Major General Terry : 

J. H. TAYLOR, 

Official : Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 

Headquarters Military District of Georgia, 

Atlanta, Georgia, January 24, 1870. 

General Orders No. 7. 

The sub-district created by General Orders No. 1, current series, from these 
Headquarters, is hereby so extended as to include the counties of Oglethorpe and 
Elbert, Georgia. 

By order of Brevet Major General Terry : 
Official : J. H. TAYLOR, Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 

Headquarters Military District of Georgia, 

Atlanta, Georgia, January 25, 1870. 

General Orders, No. 8. 
[. The sub-district constituted by General Orders No. 1, headquarters military 



15 



district of Georgia, current series, will hereafter be known and designated as the 
First Sub-District of Georgia. 

II. On the recommendation of the Hon. Amos T. Akerman, and on his assur- 
ance that during the past few weeks there has been manifest improvement in 
Elbert county, Georgia, as regards peace, good order, and quiet, so much of Gen- 
eral Orders No. Y, current series, from these headquarters, as includes said county 
in the sub-district of Georgia, is hereby suspended. 
By order of Brevet Major General Terry : 

J. H. TAYLOR, 
Assistant Adjutant General. 

Headquarters Military District op Georgia, 

Atlanta, Georgia, January 25, 1870. 

General Orders No. 9. 

Whereas the board convened by General Orders No. 3, current series from these 
headquarters, consisting of Brevet Major General T. H. Ruger, Colonel 18th U. S. 
Infantry ; Brevet Brigadier General T. J. Haines, Commissary of Subsistence, and 
Major Henry Goodfellow, Judge Advocate U. S. Army, has made its report in 
writing, by which it appears that R. A. Donaldson, of Gordon county; E. M. 
Taliaferro, of Fulton county, and J. H. Nunn, of Glascock county, members elect 
of the house of representatives of Georgia, are not eligible to seats therein under 
the laws of the United States ; therefore it is hereby ordered that the said R. A. 
Donaldson, E. M. Taliaferro, and J. H. Nunn be, and they hereby are, prohibited 
from taking part in the organization of said house, or from attempting to exercise 
the functions of a member thereof. 

And whereas the said board have found that Thomas F. Rainey of Schley 
county, J. N. Harris of Murray county, R. W. Phillips of Echols county, L. C. 
A. Warren of Quitman county, Joseph D. Smith of Ware county, W. P. Price of 
Lumpkin county, J. B. Sorrells of Walton county, G. N. Harper of Sumter county, 
0. C. Humber of Stewart county, L. H. Walthall of Polk county, and Isham 
liaddish of Appling county, are eligible to seats in the said house under the laws 
of the United States, no objections will be made to their participating as members 
in the organization of the house. 

And whereas it appears that Frank Wilchar, of Taylor county, has, since the 
commencement of the session of the board, been and is now reported to be absent 
from the city, so that the board has not been able to determine in his case : It is 
therefore ordered that the said board still hold his case under consideration, and 
that in the meantime, and until his case be heard and determined, said Wilchar 
be prohibited from taking part in the organization or participating in the pro- 
ceedings of the house. 

And whereas J. B. Burtz, of Mitchell county : J. A. Brinson, of Emanuel 
county; A. T. Bennett, of Jackson county; A. M. George, of Baker county; 
David Goff, of Randolph county ; William J. Hudson, of Harris county ; D . 
Johnson, of Wilcox county ; Henry C. Kellogg, of Forsyth county ; J. W. Mead- 
ows, of Johnson county; J. H. Penland, of Union county; Robert C. Surrency, 
of Tatnall county; J. R. Smith, of Coffee county; Hiram Williams, of Dooly 
county : John C. "brake, of Upson county ; J. T. Ellis, of Spalding county ; J. M. 
Rouse, of Worth county, persons elected to said house, have refused, declined, 
neglected, or been unable to take one of the oaths prescribed by the act of Decem- 
ber 22, 1869, although ample opportunity so to do has been given them, and have 
ihus, by the terms of said act, become ineligible to seats in said house, and have 
also filed with the Hon. R. B. Bullock, Governor, their applications to the Con- 
gress of the United States for relief from their disabilities, thus admitting their 
ineligibility to hold the offices to which they were elected : It is therefore ordered 
that the said persons be, and they hereby are, prohibited from taking seats in said 
house, or participating in the organization or proceedings thereof. 
By order of Brevet Major General Terry : 

J. H. TAYLOR, 
Assistant Adjutant General. 



16 



Headquarters District of Georgia, 

Atlanta, Georgia, Jan. 25, 18T0. 

General Orders No. 10. 

At the meeting of the bouse of representatives at 10 o'clock to-morrow, Wed- 
nesday, the 26th inst., the clerk pro tern., Hon. A. L. Harris, will call the house to 
order, and give to any member elect who has not already qualified an oppor- 
tunity to take one of the oaths prescribed by the act of* December 22, 1869. He 
will not, however, permit those persons to take the oath who are mentioned in 
general orders No. 9, current series from these headquarters, as having refused, 
declined, neglected, or been unable to take one of the said oaths, and as having 
filed their applications to be relieved from their disabilities. 

After such opportunity has been given, the clerk pro tern, will announce that the 
first business in order is the election of a speaker, and will proceed to an election 
in the usual manner, omitting in calling the roll the names of R. A. Donaldson 
of Gordon county, E. M. Taliaferro of Fulton county, J. H. Nunn of Glascock 
county, Frank Wilchar of Taylor county, J. B. Burtz of Mitchell county, J. A. 
Brinson of Emanuel county, A. T. Bennett of Jackson county, A. M. George of 
Baker county, David Goff of Randolph county, William J. Hudson of Harris 
county, D. Johnson of Wilcox county, Henry C. Kellogg of Forsyth county, 
J. W. Meadows of Johnson county, J. H. Penland of Union county, Robert C. 
Surrency of Tatnall county, J. R. Smith of Coffee county, Hiram Williams of 
Dooly county, John C. Drake of Upson county, J. T. Ellis of Spalding county, 
and J. M. Rouse of Worth county. 

During the election, the clerk pro tern, will preside. As soon as a speaker shall 
have been chosen, the clerk pro tern, will vacate the chair. 
By order of Brevet Major General Terry: 

J. H. TAYLOR, 

Assistant Adjutant General. 

Headquarters Military District of Georgia, 
Atlanta, Georgia, January 28, lSVO. 

General Orders No. li. 

Upon the evidence and arguments submitted to the board of officers appointed 
by General Orders No. 3, current series, from these headquarters, the Brevet Ma- 
jor General commanding finds that W. T. Winn, of Cobb county, and W.J. An- 
derson, of Houston county, who were elected to the senate of Georgia, are ineligi- 
ble to seats therein : It is therefore ordered that he said W. T. Winn and W. J. 
Anderson be, and they hereby are, forbidden to assume the duties or exercise 
functions of members of said senate. 

And whereas E. D. Graham of the 3d district, and C. R. Moore, of the 12th 
district, persons elected to the senate of Georgia, have refused, declined, or ne- 
glected, or been able to take one of the oaths prescribed by the act of December 
22d, 1869, although ample opportunity so to do has been given them, and have 
thus by the terms of the said act become ineligible to seats in said senate, and have 
also filed with the Hon. R. B. Bullock, Governor, their applications to the Con- 
gress of the United States for relief from their disabilities, thus admitting their 
ineligibility to hold the office to which they were elected : It is therefore ordered 
that the said persons be, and they hereby are, prohibited from taking seats in 
said senate, or participating in the proceedings thereof. 

And whereas, John J. Collier, of the 14th district, a person elected to the sen- 
ate of Georgia, after having taken one of the oaths prescribed by the act of Decem- 
oer 22d,, 1869, did afterwards apply to the secretary of State for permission to 
withdraw said oath, and has also filed with the Hon. R. B. Bullock, Governor, his 
application to the Congress of the United States for relief from his disabilities, 
thus admitting his ineligibility to hold the office to which he was elected : It 
is therefore ordered that the said person be, and he hereby is, prohibited from 
taking his seat in the said senate, or participating in the proceedings thereof. 
By order of Brevet Major General Terrv : 

J. H. TAYLOR, 

Official : Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 



17 



Headquarters Military District of Georgia, 

Atlanta, Ga., January 30, 18*70, 

General Orders No. 12. 

It is hereby ordered that all proceedings instituted against the following United 
States revenue officers of second district of Georgia, N. Sellers Hill, deputy 
collector, John W. Scott, assistant assessor, and H. W. Jones, assistant assessor, 
at the instance of Thomas Moore, of Spalding county, Georgia, cease : It is fur- 
ther ordered that the sheriff and other civil officers of s:.id county refrain from 
throwing any obstruction in any shape or manner in the way of such, or other 
officers of the same service whilst in the performance of their legitimate duty. 
By order of Brevet Major General Terry : 

J. H. TAYLOR, 

Official : Assistant Adjutant General. 

R. P. Hughes, A. A. A. G. 

Headquarters Military District of Georgia, 

Atlanta, Georgia, January 31, 1870. 

General Orders No. 13. 

Whereas, by the terms of Genera! Orders No. 9, current series, from these head- 
quarters, A. T. Bennett, of Jackson county, was declared to be ineligible to a seat 
in the house of representatives of Georgia ; and whereas it appears that it is doubt- 
ful whether the name of A. J. Bennett, of said Jackson county, which appears in 
the list of persons relieved by the act of Congress from their disabilities, was not 
intended to be A. T. Bennett : Therefore ordered, that said Order No. 9, as far as 
it applies to said A. T. Bennett, be, and the same hereby is, revoked. 

Whereas, the application for an investigation into the eligibility of Mr. Frank 
Wilchar, of Taylor county, to a seat in the bouse of representatives, has now been 
withdrawn: Therefore ordered, that the Board convened by General Orders No. 
3, current series, from these Headquarters, be and it hereby is, discharged from 
further consideration of his case, and so much of General Orders No. 9, current 
series, as relates to him, is hereby revoked. 

By order of Brevet Major General Terry : 

J. H. TAYLOR, Assistant Adjutant General. 

Headquarters, Military District of Georgia, 

Atlanta, Georgia, February 5, 1870. 

General Orders No. 14. 

I. An indictment having been found by the grand jury of the county against 
Enoch G. Grambling, now holding and exercising the functions of the office of 
sheriff of Cherokee county, Georgia, for " voluntarily permitting " the escape of 
certain prisoners duly arrested and committed to his custody, he, Enoch 
J. Grambling, is hereby removed from said office. 

II. John B. Garrison is hereby appointed sheriff of Cherokee county, vice 
Grambling, removed, and will immediately enter upon the exercise of his office. 

By order of Brevet Major General Terry : 

J. H. TAYLOR, 

Assistant Adjutant General. 

Official : 

R. P. Hughes, A. A. A. G. 

From the foregoing orders, it appears that the following- 
named persons were prohibited from exercising the functions 
of members of the General Assembly convened in pursuance 
of an act of Congress approved December , 1869, viz : 
W. T. Winn, W. J. Anderson, E. D. Graham, C. R. Moore, 
John J. Collier, of the senate ; R. A. Donaldson, E. M.Tali- 
aferro, J. H. Nunn, Frank Wilcher, J. B. Bnrtz, J. A. Brin- 



18 



son, A. T. Bennett, A. M. George, David Goff, W. J. Hud- 
son, D. Johnson, li. 0. Kellogg, J. W. Meadows, J. H. 
Penland, Eob. C. Surrency, J. R. Smith, Hiram Williams, 
John C. Drake, J. T. Ellis, J. M. Rouse, of the house. 

By General Order, Number 13, A. T. Bennett and Frank 
Wilcher were pronounced qualified, making total number 
declared ineligible, in the senate, 5, in the house, 18 ; total, 
23. (In addition to the above, A. A. Bradley, one of the 
senators elect, was declared ineligible by the senate, under 
the constitution of the State of Georgia, upon the ground 
that he was a convicted felon.) Of these, 2 in the senate, 
C. R. Moore and W. J. Anderson, voted for Mr. Hill, and 16 
in the house, namely: R. A. Donaldson, E. M. Taliaferro, J. 
H. Nunn, J. B. Burtz, M. A. George, David Goff, W. H. 
Hudson, D. Johnson, H. C. Kellogg, J. W. Meadows, J. 
H. Penland, J. B. Smith, H. Williams, John C. Drake, J. 
T. Ellis, J. M. Rouse. 

Of the ineligible who voted for Jos. E. Brown, are two— 
A. A. Bradley in the senate, R. C. Surrency in the house. 
The vote for Mr. Styles (E. D. Graham) was also ineligible. 

Of the persons declared ineligible, as above, in the election 
for senator, term ending March 4, 1871, the following voted 
for Mr. Miller : W. T.Wirm,W. J. Anderson, E. D. Graham, 
C. R. Moore, of the senate : A. R. Donaldson, E. M. Taliaferro, 
J. H. Nunn, J. B. Burtz, A. M. George, David Goff, W. J. 
Hudson, D. Johnson, H. 0. Kellogg, J. W. Meadows, J. IL 
Penland, R. C. Surrency, J. R. Smith, Hiram Williams, J. 
C. Drake, J. T. Ellis, J. M. Rouse— making total in senate 
and house 21. A. A. Bradley voted for Mr. Blodgett. 

Strike off the votes of the persons declared ineligible, the 
tabular statement would stand thus : for Mr. Hill, 92 ; Jos. 
E. Brown, 92 ; Stephens, 1. For Mr. Miller, 96 ; Mr. Blodg- 
ett, 72 ; Mr. Seward, 12 ; Mr. Akerman, 7. 

In the above statement are included the names of Messrs. 
Nunn, Taliaferro and Donaldson, of the house, and Messrs. 
Winn, Anderson and Collier, of the senate, who took the 
oath required by the late act of Congress, and were clearly 



19 



eligible under said act, but were expelled by military order ; 
also. Messrs. Penland and Drake, who are clearly eligible, 
and were prevented from taking the oath by threats and in- 
timidation, as is shown by the affidavit of Penland and the 
statement of Drake, heretofore submitted. Messrs. Ander- 
son, Drake, Penland, Nunn, Taliaferro and Donaldson voted 
for Mr. Hill. These would increase his vote to 98, makiMg 
his majority 5. If the said act had been carried out in good 
faith, these men would have qualified, and would now be 
legal members of the legislature. If you shall be of the 
opinion that the men expelled by military order were not en- 
titled to take the oath, it can be shown that as many persons 
were prevented from taking the oath by the same means used 
to prevent Messrs. Drake and Penland from doing so. In 
other words, whatever means you adopt to test the eligibility 
of the members of the legislature, it will appear that both 
Hill and Miller had a majority of the votes of the members 
entitled to seats in that body. 

We have shown that the Georgia legislature wa3 organ- 
ized in July, 1868, in accordance with the law of Congress 
and the instructions of General Meade ; that the Governor 
was inaugurated, and United States Senators were elected 
according to law. 

Hon. Joshua Hill received 110 votes out of 206 votes cast, 
giving him 14 majority ; Hon. H. V. M. Miller received 11 T 
votes out of 209 votes cast, giving him a majority of 25. 

The only test of eligibility required of members of the 
legislature under the reconstruction acts, except that pre- 
scribed by the State constitution, was, that they should not 
be disqualified under the 3d section of the 14th amendment 
to the Constitution of the United States. Each house of the 
General Assembly appointed a committee to inquire into the 
eligibility of its members, and by resolution declared that 
all were eligible. 

The committees made majority and minority reports.* In 



* Senate Journal, 1868, pages 33 ; 34, and 35. 



20 



the senate, a majority of the committee reported none ineligi- 
ble. This report was signed by three Democrats and two 
Republicans, and was adopted by the senate, in which there 
was a large majority of Republicans. Mr. Adkins, a Re- 
publican member of the committee, reported two members 
ineligible, Messrs. Collier and Jones, but Mr. Jones had 
been relieved of his disabilities. Mr. Higbee, also a Repub- 
lican member of the committee, reported Messrs. Richardson, 
McCutchen, Griffin, Collier, Jones, McWhorter, Moore, 
Harris, and Graham — nine— ineligible ; Messrs. Richardson, 
Griffin, Jones, McWhorter. and Harris — five — had been 
relieved of their disabilities. 

* In the house, the Democratic members of the committee 
reported all eligible. Mr. Lee, a Republican, reported two 
men ineligible — Messrs. Nunn and McCullough. Messrs. 
O'Neal and Bryant, also Republican memoers of the com- 
mittee, reported three men ineligible — Messrs. Nunn, Mc- 
Cullough, and Long. If we admit that all were ineligible 
who were so reported by any member of the committee — there 
were in the senate four ineligible members, and in the house 
three ; that would reduce the total vote to 199. Five of these 
men, Messrs. McCutchen, Moore, Long, McCullough, and 
Nunn, voted for Mr. Hill ; Mr. Collier did not vote ; and Mr. 
Graham voted for Mr. Styles — Mr. Hill's vote would be re- 
duced to 105, giving him a majority over all of 11. Messrs. 
Graham, McCutchen, Moore, Long, McCullough and Nunn 
voted for Mr. Miller. These, deducted from his entire vote, 
leave 111, making his majority 19. 

N. L. ANGIER, 
J. E. BRYANT, 

for Georgia Delegation. 



* House Journal, pages 35, 36, 37, 38, 39, and 40. 



